(영문) 대전지방법원 2018.06.27 2018노542 | 리걸엔진

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(영문) 대전지방법원 2018.06.27 2018노542

강제추행

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In the case of an indecent act by mistake or misapprehension of the legal principles on November 8, 2016, the Defendant committed an indecent act by force on the part of the victim at the time, only there was a fact that the Defendant moved the victim’s her humf to his humf to his humf to his humf in order to open the cooling house and door, and there was no fact that the victim’s mumf was sumfed, and there was no intention to commit an indecent act by force.

B. The sentence sentenced by the court below to the defendant (a punishment of one million won, and an order to complete a sexual assault treatment program with forty hours) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts, namely, the Defendant: (a) led to the confession of all these facts charged in the investigative agency and the court of the lower court; and (b) according to the images of the buried CCTV, the Defendant: (a) acknowledged on November 8, 201, that the victim’s both sides and her her strings on the part of the victim, and his her her her strings on the part of the victim; (b) stated that the she was sexually sensitive; (c) the victim was suffering a sense of sexual humiliation due to the Defendant’s act; and (d) the Defendant committed such act in the intent to have the victim move back to the victim.

Even if the defendant does not seem to have made the victim’s statement to the effect that “non-feasion” was made first, and in light of the fact that the defendant cannot deny the defendant’s intentional indecent act merely because he had such intent and the victim’s upper half with such intent, it can be acknowledged that the defendant committed an indecent act by force because the part of the victim’s breael and mort was limited to two handss as stated in this part of the charges, such as this part of the charges, the defendant’s misunderstanding of the facts or misapprehension of the legal principles is without merit.

B. The Defendant himself/herself is in the instant case regarding the wrongful argument of sentencing.

유사 판례

-청주지방법원 2017.12.20 2017고단2026

-대전지방법원 2018.11.07 2018노2431

-서울서부지방법원 2018.07.20 2018고정145

-인천지방법원 2017.12.15 2017노2033

-청주지방법원 2017.01.20 2016노759